« Tough Enforcement of Unilateral Conduct at the National Level: Italian Antitrust Authority Sanctions Bayer and Pfizer for Abuse of Dominant Position (aka AstraZeneca Ruling and Essential Facility Doctrine in Italian Sauce) | Main | Contracts that Reference Rivals as an Antitrust Category »
June 20, 2012
When the Failing Firm Defence Fails
Posted by D. Daniel Sokol
Emily F Clark (Ashurst) and Celia E Foss (Ashurst) describe When the Failing Firm Defence Fails.
ABSTRACT: The evolution and operation of the so-called ‘failing firm defence’ in EU merger control is described. The high evidential hurdle in establishing a failing firm defence is discussed. The scope for arguments based on the counterfactual principle, even if the specified criteria for a failing firm defence are not strictly satisfied, is considered.
June 20, 2012 | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference When the Failing Firm Defence Fails: